SC recognises transgender's right to marry heterosexual person

The Supreme Court on Tuesday recognised the right of transgenders or intersex persons to marry heterosexuals, even though by a majority view, it did not grant the legal sanction to same-sex marriage.

A five-bench Constitution bench led by Chief Justice of India D Y Chandrachud said transgender persons in heterosexual relationships have the right to marry under existing law including personal laws which regulate marriage.

"Intersex persons who identify as either male or female have the right to marry under existing law including personal laws which regulate marriage; the state must enable the LGBTQIA+ community to exercise its rights under the Constitution. Queer persons have the right to freedom from coercion," the CJI wrote. 

Justice S Ravindra Bhat, along with Justice Hima Kohli, said, "We are in agreement with the part of the Chief Justice’s opinion which contains the discussion on the right of transgender persons to marry."

He also expressed agreement with the discussion relating to gender identity i.e., sex and gender are not the same, and that there are different people whose gender does not match with that assigned at birth, including transgender men and women, intersex persons, other queer gendered persons, and persons with socio-cultural identities such as hijras.

The bench also pointed out the right against discrimination under the Transgender Persons Act 2019. 

"Transgender persons in heterosexual relations have the right to marry under existing laws, including in personal laws regulating marriage," Justice Bhat wrote.

The CJI said the state must enable the LGBTQ community to exercise its rights under the Constitution. 

"Queer persons have the right to freedom from coercion from their natal families, agencies of the state including the police, and other persons," he said.